ND Bar Practice Questions - North Dakota Bar Examination Exam

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A state statute requires a 48-hour waiting period and informed-consent disclosures before a person may obtain a particular medical procedure. After Dobbs v. Jackson Women's Health Organization (2022), how are state regulations of abortion analyzed under the federal Constitution?

Under the strict-scrutiny 'fundamental right' framework of Roe v. Wade Under the 'undue burden' standard of Planned Parenthood v. Casey Under intermediate scrutiny as a quasi-suspect classification Under rational-basis review, because Dobbs held there is no federal constitutional right to abortion and returned the issue to the states

Correct Answer:

Under rational-basis review, because Dobbs held there is no federal constitutional right to abortion and returned the issue to the states

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